OAR 180-001-0008: Remedies Available Under Facilitated Dispute Resolution

(1) A records requester that is party to the facilitated dispute resolution may request the Advocate to determine whether a state agency has engaged in good faith in the facilitated dispute resolution process, as described in 180-001-0006 and 180-001-0007. The failure of a state agency to engage in good faith in the facilitated dispute resolution process after a public records requester seeks facilitated dispute resolution services shall be grounds for the award of costs and attorney fees to the public records requester for all costs and attorney fees incurred in pursuing the request after a good faith determination by the Advocate. (2) A state agency that is a party to the facilitated dispute resolution may request the Advocate to determine whether the records requester has engaged in good faith in the facilitated dispute resolution process, as described in 180-001-0006 and 180-001-0007. A finding that a records requester has failed to engage in good faith in the dispute resolution process shall be grounds for the state agency to deny the request and refuse to disclose the requested records. (3) Remedies under this section are not available to persons seeking to inspect or obtain copies of public records from a city.